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MUHAMMAD YASEEN vs MUHAMMAD ASLAM S — 2024 CLC 655 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 655 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD YASEEN vs MUHAMMAD ASLAM S
Subject matter
Civil
Provisions referred to
S. 12---C; S. 100; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YASEEN VS MUHAMMAD ASLAM S. 12---Civil Procedure Code (V of 1908), S.100, O.XX, R.5 & O.XLI, R. 31---Suit for specific performance of agreement to sell---Second appeal---Misreading and non-reading of evidence---Points for consideration in judgment---Judgments at variance---Scope---Respondent / plaintiff claimed that appellant / defendant executed agreement to sell a house owned by him---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of respondent / plaintiff---Validity---Lower Appellate Court had given its judgment without appraisal of evidence, and it was also contrary to record---Finding of Lower Appellate Court in its judgment about "admission" regarding payment of substantial amount of sale consideration, was a complete misreading of evidence and was illegal---If Lower Appellate Court was to disagree with findings of Trial Court, which handed down its judgment while discussing issues framed in accordance with O. XX, R. 5, C.P.C., then Lower Appellate Court [Court of Final Facts], had to do issue-wise discussion, which had not been done---At least points for consideration as required under O. XLI, R. 31, C.P.C. should have been framed for giving decision accordingly---Only a formal point for determination was framed that whether judgment of Trial Court called for interference or not---High Court set aside the judgment passed by Lower Appellate Court as it was in violation of principle settled by Supreme Court and was given in a slip shod manner, without application of judicial mind, that included, element of visible fairness in a decision---Second Appeal was allowed, in circumstances.

Other judgments reported in 2024 CLC

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